In Wisconsin, if an individual gets injured or dies due to the negligence of another person their spouse may be entitled to “Loss of Companionship.” This type of damage remedy is known by other names like “Loss of Consortium” or “Loss of Society.” Whatever name a court may use, the purpose of this remedy is […]
marriage
Wisconsin Divorce Law: Does My Husband or Wife Get Half of Everything When We Divorce?
The division of marital property depends on many factors. It is true that Wisconsin law presumes that all assets will be divided equally between the spouses upon divorce. However, the law also accounts for 13 factors that can shift the final property division in favor of one spouse. The more common factors include the length […]
WISCONSIN DIVORCE AND FAMILY LAW: DO I NEED A PRENUP?
Pre-nuptial and post-nuptial agreements (known as Marital Property Agreements in Wisconsin) allow spouses to opt out of Wisconsin’s marital property rules. They most commonly are drafted in the event of divorce, but have uses in estate planning as well. In a nutshell, each spouse in Wisconsin owns a one-half interest in all marital property. However, […]
WISCONSIN DIVORCE AND FAMILY LAW: CAN ONE LAWYER REPRESENT ME AND MY SPOUSE IN A DIVORCE?
No. It is a conflict of interest. A lawyer’s ethical rules prevent him from representing two parties in the same action who have adverse interests. Few parties have more clear adverse interests than a divorcing couple. Therefore, the same lawyer cannot advise both clients without violating his duty to one of them. Even if the […]
WISCONSIN ESTATE PLANNING: I’M GETTING MARRIED! DO I NEED A PRENUPTIAL AGREEMENT?
According to Wisconsin marital property law, all property of spouses is presumed to be marital property. If you wish to override this presumption, then you and your fiancé should enter into a prenuptial agreement. The process does not need to be an adversary one. Rather, your prenuptial agreement can simply allow the spouses to control […]
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